Common Alloy Aluminum Sheet From the Sultanate of Oman: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Negative Determination of Critical Circumstances, and Postponement of Final Determination, 65340-65342 [2020-22805]
Download as PDF
<![CDATA[
65340
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
charge for calls they initiate over landline connections to the toll-free
conference call-in number.
Individuals who are deaf, deafblind
and hard of hearing may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–877–8339 and
providing the Federal Relay Service
operator with the conference call-in
numbers: 1–866–575–6539 and
conference ID: 3918108.
Members of the public are invited to
make statements during the open
comment period of the meeting or
submit written comments. The
comments must be received in the
regional office approximately 30 days
after each scheduled meeting. Written
comments may be emailed to Barbara
Delaviez at ero@usccr.gov. Persons who
desire additional information may
contact Barbara Delaviez at 202–539–
8246.
Records and documents discussed
during the meeting will be available for
public viewing as they become available
at www.facadatabase.gov. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Eastern Regional Office
at the above phone number or email
address.
Agenda
Tuesday, November 10, 2020; 12 p.m.
(ET)
• Rollcall
• Briefing on Covid-19 Health
Disparities
• Open Comment
• Next Steps and Other Business
• Adjournment
Dated: October 8, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–22745 Filed 10–14–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
jbell on DSKJLSW7X2PROD with NOTICES
[A–523–814]
Common Alloy Aluminum Sheet From
the Sultanate of Oman: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Negative
Determination of Critical
Circumstances, and Postponement of
Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
AGENCY:
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
that common alloy aluminum sheet
(aluminum sheet) from the Sultanate of
Oman (Oman) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation is January 1, 2019 through
December 31, 2019. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1979.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 6,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Postponement
of Preliminary Determinations in the Less-ThanFair-Value Investigations, 85 FR 45576 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from Oman,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Oman. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity for
comments on scope-related issues.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices in accordance with section
772(a) of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied on partial facts
otherwise available, with adverse
inferences, for the mandatory
respondent Oman Aluminium Rolling
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from Bahrain, Brazil, Croatia, Egypt,
Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan and the Republic of Turkey:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
7 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum; see also ‘‘Public Comment’’
section of this notice.
E:\FR\FM\15OCN1.SGM
15OCN1
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
Company (OARC). For a full description
of the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances do not exist with respect
to imports of aluminum sheet from
OARC or for all other exporters or
producers not individually examined.
For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available,
Commerce may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all other producers or exporters.
In this investigation, the all-others
rate is based on the dumping margin
calculated for OARC, the only entity
selected for individual examination and
for which Commerce calculated a rate.8
Preliminary Determination
jbell on DSKJLSW7X2PROD with NOTICES
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
8 See
section 735(c)(5)(A) of the Act.
Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from Oman,’’ dated concurrently
with, and hereby adopted by, this notice.
9 See
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
65341
Public Comment
Case briefs or other written comments
Exporter/producer
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. A timeline for the
submission of case briefs and written
Oman Aluminium Rolling Comcomments on non-scope issues will be
9 3.53
pany (OARC) ..........................
notified to interested parties at a later
All Others ....................................
3.53 date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
Suspension of Liquidation
no later than seven days after the
deadline date for case briefs.10
In accordance with section 733(d)(2)
Commerce has modified certain of its
of the Act, Commerce will direct U.S.
requirements for serving documents
Customs and Border Protection (CBP) to containing business proprietary
suspend liquidation of entries of subject information until further notice.11
merchandise, as described in Appendix Pursuant to 19 CFR 351.309(c)(2) and
I, entered, or withdrawn from
(d)(2), parties who submit case briefs or
warehouse, for consumption on or after
rebuttal briefs in this investigation are
the date of publication of this notice in
encouraged to submit with each
the Federal Register.
argument: (1) A statement of the issue;
Further, pursuant to section
(2) a brief summary of the argument;
733(d)(1)(B) of the Act and 19 CFR
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
351.205(d), where appropriate,
interested parties who wish to request a
Commerce will instruct CBP to require
hearing, limited to issues raised in the
a cash deposit equal to the estimated
case and rebuttal briefs, must submit a
weighted-average dumping margin or
the estimated all-others rate, as follows: written request to the Assistant
Secretary for Enforcement and
(1) The cash deposit rate for the
respondent listed above will be equal to Compliance, U.S. Department of
Commerce, within 30 days after the date
the company-specific estimated
of publication of this notice. Requests
weighted-average dumping margins
should contain the party’s name,
determined in this preliminary
address, and telephone number, the
determination; (2) if the exporter is not
number of participants, whether any
a respondent identified above, but the
participant is a foreign national, and a
producer is, then the cash deposit rate
list of the issues to be discussed. If a
will be equal to the company-specific
request for a hearing is made, Commerce
estimated weighted-average dumping
intends to hold the hearing at a time and
margin established for that producer of
date to be determined. Parties should
the subject merchandise; and (3) the
cash deposit rate for all other producers confirm by telephone the date, time, and
location of the hearing two days before
and exporters will be equal to the allthe scheduled date.
others estimated weighted-average
Postponement of Final Determination
dumping margin. These suspension of
and Extension of Provisional Measures
liquidation instructions will remain in
Section 735(a)(2) of the Act provides
effect until further notice.
that a final determination may be
postponed until not later than 135 days
Disclosure
after the date of the publication of the
Commerce intends to disclose its
preliminary determination if, in the
calculations and analysis performed to
event of an affirmative preliminary
interested parties in this preliminary
determination, a request for such
determination within five days of any
postponement is made by exporters who
public announcement or, if there is no
account for a significant proportion of
public announcement, within five days
exports of the subject merchandise, or in
of the date of publication of this notice
the event of a negative preliminary
in accordance with 19 CFR 351.224(b).
determination, a request for such
postponement is made by the petitioner.
Verification
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
Commerce is currently unable to
exporters for postponement of the final
conduct on-site verification of the
determination be accompanied by a
information relied upon in making its
request for extension of provisional
preliminary determination in this
investigation. Accordingly, we intend to
10 See 19 CFR 351.309; see also 19 CFR 351.303
take additional steps in lieu of on-site
(for general filing requirements).
verification. Commerce will notify
11 See Temporary Rule Modifying AD/CVD
interested parties of any additional
Service Requirements Due to COVID–19; Extension
documentation or information required. of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
Estimated
weightedaverage
dumping
margin
(percent)
Frm 00003
Fmt 4703
Sfmt 4703
E:\FR\FM\15OCN1.SGM
15OCN1
65342
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
measures from a four-month period to a
period not more than six months in
duration.
On September 18, 2020, pursuant to
19 CFR 351.210(e), OARC requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of aluminum sheet from Oman
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix I—Scope of the Investigation
The products covered by this investigation
are common alloy aluminum sheet, which is
a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than
0.2 mm, in coils or cut-to-length, regardless
of width. Common alloy sheet within the
scope of this investigation includes both not
clad aluminum sheet, as well as multi-alloy,
clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
12 See OARC’s Letter, ‘‘Common Alloy Aluminum
Sheet from Oman: Request for Postponement of
Final Determination and Provisional Measures
Period,’’ dated September 18, 2020.
VerDate Sep<11>2014
17:41 Oct 14, 2020
Jkt 253001
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete 1XXX, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
Common alloy sheet may be made to
ASTM specification B209–14 but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
this investigation if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, H–39, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095, 7606.91.6095,
7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of
this investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025,
7606.12.3035, 7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025, 7606.92.6055,
7607.11.9090. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation
VII. Application of Facts Available and Use
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
of Adverse Inference
VIII. Preliminary Negative Determination of
Critical Circumstances
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020–22805 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–842]
Common Alloy Aluminum Sheet From
Italy: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from Italy is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable October 15, 2020.
Elfi
Blum or Jun Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0197 or (202) 482–1396,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 7, 2020.1 On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, the
revised deadline is now October 6,
2020.2 For a complete description of the
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, Greece,
India, Indonesia, Italy, Republic of Korea, Oman,
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65340-65342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22805]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-814]
Common Alloy Aluminum Sheet From the Sultanate of Oman:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Negative Determination of Critical Circumstances, and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that common alloy aluminum sheet (aluminum sheet) from the Sultanate of
Oman (Oman) is being, or is likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation is January 1,
2019 through December 31, 2019. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1979.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 7,
2020.\1\ On July 29, 2020, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
October 6, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-
Value Investigations, 85 FR 19444 (April 7, 2020) (Initiation
Notice).
\2\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan and the Republic of Turkey: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 85 FR
45576 (July 29, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Oman,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum sheet from
Oman. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain,
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy,
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa,
Spain, Taiwan and the Republic of Turkey: Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated October 6,
2020 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
The deadline to submit scope case briefs is established in the
Preliminary Scope Decision Memorandum. There will be no further
opportunity for comments on scope-related issues.\7\
---------------------------------------------------------------------------
\7\ Case briefs, other written comments, and rebuttal briefs
submitted in response to this preliminary LTFV determination should
not include scope-related issues. See Preliminary Scope Decision
Memorandum; see also ``Public Comment'' section of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act. Constructed export prices have been
calculated in accordance with section 772(b) of the Act. Normal value
(NV) is calculated in accordance with section 773 of the Act.
Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce
has preliminarily relied on partial facts otherwise available, with
adverse inferences, for the mandatory respondent Oman Aluminium Rolling
[[Page 65341]]
Company (OARC). For a full description of the methodology underlying
the preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances do not
exist with respect to imports of aluminum sheet from OARC or for all
other exporters or producers not individually examined. For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act provides that in the
preliminary determination Commerce shall determine an estimated all-
others rate for all exporters and producers not individually examined.
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely under section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
on facts otherwise available, Commerce may use any reasonable method to
establish the estimated weighted-average dumping margin for all other
producers or exporters.
In this investigation, the all-others rate is based on the dumping
margin calculated for OARC, the only entity selected for individual
examination and for which Commerce calculated a rate.\8\
---------------------------------------------------------------------------
\8\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Oman,'' dated concurrently with, and
hereby adopted by, this notice.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company (OARC)....................... \9\ 3.53
All Others.................................................. 3.53
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) The cash deposit rate
for the respondent listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its preliminary determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments on non-scope issues will
be notified to interested parties at a later date. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\10\ Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\11\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
[[Page 65342]]
measures from a four-month period to a period not more than six months
in duration.
On September 18, 2020, pursuant to 19 CFR 351.210(e), OARC
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\12\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
---------------------------------------------------------------------------
\12\ See OARC's Letter, ``Common Alloy Aluminum Sheet from Oman:
Request for Postponement of Final Determination and Provisional
Measures Period,'' dated September 18, 2020.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, then the ITC
will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of aluminum sheet from Oman are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are common alloy
aluminum sheet, which is a flat-rolled aluminum product having a
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or
cut-to-length, regardless of width. Common alloy sheet within the
scope of this investigation includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
Common alloy sheet may be made to ASTM specification B209-14 but
can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of this investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper. In
addition, aluminum can stock has a lubricant applied to the flat
surfaces of the can stock to facilitate its movement through
machines used in the manufacture of beverage cans. Aluminum can
stock is properly classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further,
merchandise that falls within the scope of this investigation may
also be entered into the United States under HTSUS subheadings
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation
VII. Application of Facts Available and Use of Adverse Inference
VIII. Preliminary Negative Determination of Critical Circumstances
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2020-22805 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
